Racial profiling: Landmark decision of the Higher Administrative Court of Rhineland-Palatinate from 2016 (Case No.: 7 A 11108/14.OVG)

As early as 2012, a sensational case concerning the legality of racial profiling—the selection of individuals for checks solely based on phenotypic characteristics such as skin color—took place before the administrative courts of the state of Rhineland-Palatinate. Following an oral hearing before the Higher Administrative Court (OVG) of Rhineland-Palatinate on October 29, 2012, a decision by the Koblenz Administrative Court of February 28, 2012, which had previously declared racial profiling legal, was overturned. After extensive examination of the evidence, the Federal Police, representing the defendant, the Federal Republic of Germany, acknowledged the illegality of the questioning and checks based solely, or even decisively, on the plaintiff's skin color, as a violation of the prohibition of discrimination under Article 3, Paragraph 3 of the Basic Law. The Federal Republic subsequently issued a formal apology to the plaintiff.

In 2015 and 2016, further proceedings were held before the Koblenz Administrative Court and the Higher Administrative Court of Rhineland-Palatinate, aiming to establish the illegality of identity checks based solely on skin color. In these proceedings, the Administrative Court had already ruled the checks unlawful in its judgment of October 23, 2014 (Case No.: 1 K 294/14.KO) . Due to an appeal against this judgment by the Federal Police, the case was heard before the Higher Administrative Court of Rhineland-Palatinate and concluded there, after two days of hearings, with a landmark decision by the Higher Administrative Court on April 21, 2016 (Case No.: 7 A 11108/14.OVG), confirming the unlawfulness of the checks based on skin color.

Here you will find our law firm's press release of November 7, 2014, regarding the judgment of the Koblenz Administrative Court of October 23, 2014 (Case No.: 1 K 294/14.KO) and our law firm's press release of April 22, 2016, regarding the decision of the Rhineland-Palatinate Higher Administrative Court of April 21, 2016 (Case No.: 7 A 11108/14.OVG).

The Initiative of Black People in Germany (ISD) and the Office for the Implementation of Equal Treatment (BUG) supported the plaintiff in the legal enforcement of his rights.